New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-01-18
Gup11xB COURT Dzo1uoxH.
TouRrrrNrH AMENDMENT PROVISION.
znR1nToRY CHALIxN0xs IN CAPITAL CASES IN
LAR0B CITIES.

w.um~ou Ia. la asossss. was rsnasrsd ~ The su.
> Opa Of ~ United states tsAy In shs murder case
65sAn Hsvsa ystnsaf IN srfsr seHn" Ssss 900 o."
&syss was tried Criminal osust Of 81 Leus In lSs1for
~ murder Of one Mueller AuGust 2s 1851 The jury
Aupd him guilty and no Wa sentsncsd 70 DEATH Nc sAs
Sroushs his case osurs BY writ Of srrer upon inc
ground that the law OF Missouri provides that osp
cities having population Of more than loOOoo inc
han nfsesn peremptory challenges 70
elsewhere Missouri the State 10 allowed in suoh cases on
eight peremptory challenges This provision OF tho -" inc
rieoner main tans operated disadvantage In is
4, Iuia and was denial Of the equal protection OF
me laws enoned by the Fourteenth OF 'no
r.l Ths holds that allowing the State
teen percmpory capital cases tried in cities
containing population Of more thanl0O000 10 simply pro-
vnr against difficulty Of securing in such cases impair
tal jues that which does not exist in other
vortons of the 50 far from defeating furnish
the means giving that equal protection Of the laws
witch the Amendment declares shall not be
There nothing the legislation OF Missouri on this
PORT which repugnan that amendment and the udg
nent of the Supreme Court Of the State 10 affirmed
The other transacted to-day was "a follows;
NewYork New England and Investment Company
Ii Of e iss
OF Ns. s cou ~ Y ss,G
STATE. Tor the D.trictOf Nebraska Judgment affirmed with
no io7Gsrolne TSTy.h imp.sasa ETC. plaintiff !, =, in
o. and hs etc
psan agt Mary and Others appeal rs% the
ehase,ts Decree afirmea with costs;
No. l03lThe United states appellant agt Sarah Ram
widow and others Appeal from the Jourt Of Claims
Judgment afnrmed by a divided court.
No. 299-y Lsnier and others appellants. agf John
Nash and others Motion for orer 20 restrain William
Compsny Motion I to disnss pdsuicd %"
No 4The city Of Joliet appellant agt Joseph Heller s
No ii99-Atert Rosenbaum plaintiff in error. agt the
Board q snperyisors Of San Irsnoeso. and others ~
saur TREASURER. eic submitted by Rhodes and
Garland for plaintiff and by Gaipn for defend
No l65Aibsrt Grant appelan. ast tho Phoenix Mutual
No l2ol.Albert Grant and othera appellant agt the
Of unds In hands Of receiver costs etc suo
m-d by Blair support OF motion. with leave to both
MOI S7O~Ths Newcsstie Northern Railroad Company ap
pellant agt Thomas simpson Appeal nom the Circuit
svlyanA On motion Of McComb for appellant dismissed
No 67The Merchants Mutual Insurance Company. appel
No 7S-Ths Merchants National Insurance Company ap.
Tor FIRST day after February Of the cases already as
sgned for that day and order 10 deposton granted
No l237Jacob Scale appellant agt the Parish of Mad
ison.
No. l23S-Jacob Scale. appellant, agt Holmes,
sheriff submitted by Prentss ut for appellant and
by PCnppy for apgeless a
agt Tyes others Argument concluded
No. lS7-Ths Hibernis Insurance Company, of NewOr.
leans appellant agt q. st Lou: and SsT Irsns
appellant and submitted by McGiven Campbell for appreea
No. 130-1hs sun Mutual Insurance COMPANY OF New Or
others Argument begun BY John Campbell Tor sppeiantx
Adjourned until tn marrow ~ ocock